Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 5678/2022 M/S BCN WEARS PRIVATE LIMITED
THROUGH ITS MANAGER RAJEEV SRIVASTAVA Vs. M/S BOMBAY
FASHION THROUGH ITS PROPRIETOR SUNIL KUMAR
18.03.2023
Proceedings conducted through video conferencing
via Cisco Webex App.
Present: Sh. Neeraj Kumar, Ld. Counsel for complainant with
AR.
COGNIZANCE AND SUMMONING ORDER
(1) This is a complaint filed for offence punishable under Section
138 N. I. Act. Complaint, affidavit of evidence and other annexed
documents perused. I take cognizance of the said offence.
(2) The Hon’ble Supreme Court in A. C. Narayanan Vs. State of
Maharashtra & Anr.” (2014) 11 SCC 790, has given discretion to
the Magistrate to rely on the complaint, documents annexed and
the affidavit submitted by complainant in deciding whether or not
to issue process. u/s. 200 CrPC and it is not mandatory to
examine upon oath the complainant or its witnesses in order to
decide the same. Upon considering the instant complaint,
documents produced and verification in the form of affidavit of
evidence, there are sufficient grounds for proceeding further
against accused for offence punishable under Section 138 N. I.
Act.
(3) In terms of inquiry conducted under Section 202 CrPC, all the
statutory requirements have been complied with. I am also prima
facie satisfied that the offence has been committed withinthe
jurisdiction of this court. Hence, issue summons against the
accused on PF/RC/Approved Courier. Service be also effected on
the email and whatsApp message(s), as provided by the
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complainant and further subject to filing of report of service.
Necessary particulars be filed on affidavit within 7 days. For
facilitation of the same, dasti summons are permitted. The
process server is directed to serve the summons by way of
affixation in terms of Sec. 65 CrPC, if premises found closed or
same could not be served personally or on any adult male
member.
(4) As per the guidelines laid down in Damodar S. Prabhu Vs.
Sayed Babalal H, AIR 2010 (SC) 1907, Ahlmad is directed to
make a mention on the summons issued against the accused (by
adding separate sheet, if required) that “accused can make an
application for compounding of the offence at the first and
second hearing of the case and if such an application is made,
compounding may be allowed by the Court without imposing any
costs on the accused.”
(5) Ahlmad is also directed to mention the official email id and
video conferencing link of this Court on the summons.
Complainant is directed to file PF and take steps within 07 days
including providing copy(ies) of complaint otherwise the
complaint may be dismissed u/s 204(4) Cr. P.C. The complainant
is also apprised of the fact that at the time of filing 1 st PF, he is
required to mandatorily fill the Meta Deta form.
Put up for report/appearance of accused and further
proceedings on 3.8.23.
(Sahil Monga)
MM NI Digital Court-02
PHC-New Delhi-18.03.2023
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